If a student can’t read their course material, they’re not going to pass the class. If they can’t fill out scholarship and financial aid information, they lose out on moneysaving opportunities. If they can’t apply for housing options, they might not have a place to live on campus. For students with disabilities, these are very real problems. And inaccessible content isn’t just problematic for students. As colleges and universities increasingly rely on digital documents, particularly PDFs, for disseminating information, it’s crucial to recognize that inaccessible PDFs can violate federal disability laws, specifically Section 508 of the Rehabilitation Act and Title II of the Americans with Disabilities Act (ADA).
Understanding the Legal Framework
Section 508 requires all agencies that receive federal funding to make their electronic and information technology (EIT) accessible to everyone. That includes most colleges and universities. To comply, all EIT must meet Web Content Accessibility Guidelines (WCAG) 2.0 standards.
Similarly, Title II of the ADA extends these protections to public entities, requiring that all digital content, including PDFs, be accessible to individuals with disabilities. In order to comply, content must meet WCAG 2.1 AA.
The Risks of Inaccessible PDFs
PDFs are ubiquitous in higher education, used for course materials, administrative forms, research publications, and more. However, many PDFs are created without considering accessibility, leading to issues such as:
- Lack of proper tagging for headings, tables, and lists
- Absence of alternative text for images
- Incorrect reading order
- Scanned documents without selectable text
These shortcomings can render documents unusable for individuals relying on screen readers or other assistive technologies, effectively denying them access to essential information.
A notable example is the University of Montana, which faced a complaint filed with the U.S. Department of Education’s Office for Civil Rights (OCR) in 2012. The complaint alleged that the university discriminated against students with disabilities by using inaccessible electronic and information technology, including PDFs. The OCR investigation confirmed these issues, leading to a resolution agreement requiring the university to implement comprehensive measures to ensure digital accessibility across its platforms.
Atlantic Cape Community College (ACCC) entered into a consent decree with the National Federation of the Blind and two blind students who faced discrimination due to their disabilities. In response, ACCC will “take steps to improve the educational experience of students with disabilities” by making their EIT and other digital content accessible. They agreed to also update accessibility accommodation procedures and train staff on compliance requirements.
Maricopa Community College District faced litigation brought by the National Federation of the Blind (NFB) on behalf of Sebastian Ibanez and other blind students. The plaintiff alleged that he was unable to register for classes, complete online courses and assignments, access student services, and actively participate in his classes due to inaccessible technology. He was even dropped from a class due to his blindness. The NFB reached an agreement with the college district, and the organization agreed to procure and use EIT that is accessible to all students
The Department of Justice (DOJ) reached a settlement with edX Inc., which provides massive open online courses (MOOCs). The MOOCs were not accessible to many people who have visual or auditory disabilities or dexterity limitations. Within this four-year agreement period, edX must make its mobile applications, software, and courses fully accessible to people with disabilities by conforming to WCAG 2.0 AA. They also agreed to provide guidance and best practices for organizations creating the courses made available through edX. Those organizations most notably include Harvard, MIT, Georgetown, the Sorbonne, and others.
In addition to any court costs and legal fees assessed, these organizations also must make their content accessible and repair any reputational damage done by these lawsuits.
Proactive Steps Toward Compliance
To mitigate legal risks and promote inclusivity, higher education institutions should adopt proactive strategies:
- Training and Awareness: Educate faculty and staff on creating accessible documents, emphasizing the importance of using proper formatting and tagging in PDFs.
- Regular Audits: Conduct periodic reviews of digital content to identify and remediate accessibility issues.
- Implementing Accessibility Tools: Utilize software solutions designed to simplify the process of making PDFs accessible.
- Policy Development: Establish clear policies and procedures that prioritize accessibility in all digital content creation and dissemination.
Leveraging Equidox for PDF Accessibility
One effective tool for enhancing PDF accessibility is Equidox, a user-friendly software solution that streamlines the remediation process. Equidox offers features such as:
- Automatic Tagging: Quickly identifies and tags headings, lists, and tables.
- Reading Order Correction: Allows users to adjust the reading order at the touch of a button to ensure logical flow.
- Alternative Text Addition: Facilitates the insertion of descriptive text for images and graphics.
Equidox also offers PDF remediation services for organizations that need some extra help with the workload. Equidox AI is another option, which helps organizations make templated, high-volume PDFs accessible automatically.
By integrating Equidox into their workflows, institutions can empower staff across departments to create accessible PDFs, reducing the burden on disability services offices and ensuring compliance with federal regulations.
Going beyond compliance
Ensuring PDF accessibility is not merely about adhering to legal requirements; it’s about fostering an inclusive academic environment where all students have equal access to information. By understanding the legal implications and leveraging tools like Equidox, colleges and universities can take meaningful steps toward digital inclusivity.
Nina Overdorff
Nina comes to Equidox with years of sales and marketing experience from a variety of industries and holds a BS in Language Arts Education. Nina has a passion for words, storytelling, and information, which she believes everyone should have access to regardless of ability. After spending time as a teacher with a blind student, she became much more aware of the limitations and abilities of web accessibility, and how essential it is to those experiencing disabilities. “Being able to access information equally ensures that everyone has an equal opportunity for education, employment, and success in life.”
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